Damages Arising from Power Outages and Legal Remedies

• Power outage damages and compensation avenues are clearly regulated in the legislation. The application process, evidence requirements, and legal basis are discussed in detail below.

Power outages directly impact both users' daily lives and their commercial activities. Compensation for damages resulting from power outages is possible within the framework of relevant legislation and court decisions . Adhering to time limits, using appropriate legal remedies, and presenting complete evidence are crucial for the legal process.

Electricity distribution companies , licensed under the Electricity Market Law No. 6446 (the " Law ") and operating under the supervision of the Energy Market Regulatory Authority , are authorized to provide electricity distribution services. The principles governing the provision of electricity services are regulated in detail in the Electricity Market Consumer Services Regulation, published in the Official Gazette on May 30, 2018, and the Quality Regulation on Distribution and Retail Sales Activities in the Electricity Market (" Quality Regulation "), published in the Official Gazette on December 29, 2020, in addition to the Law.

1. Legal Liability of Distribution Companies

Users obtain the right to electricity through the Electricity Supply Agreement they sign with electricity distribution companies. Distribution companies undertake electricity distribution services in their respective regions and are responsible for ensuring the uninterrupted and high-quality electricity they provide, in accordance with the Law, the Quality Regulation, and the provisions of the contract. Failure to provide the service as required results in legal liability for damages resulting from power outages .

1. Legal Basis for the Liability of Electricity Distribution Companies

The liability of electricity grid operators arising from outages is primarily based on contractual liability (TCO Article 112 et seq.) , tort liability based on fault (TCO Article 49) , and employer liability (TCO Article 66) . In contrast, claims arising from power outages cannot be brought under the scope of risk liability (TCO Article 71) , building owner liability (TCO Article 69) , or product liability (Law No. 7223 Article 6) . Comparative legal studies also assess liability within this framework.

1. Damages That Can Be Caused by Power Outages

Power outages can cause various types of damage to users. In homes, these damages include the malfunction of appliances like refrigerators, combi boilers, or computers; in businesses, production lines are down, inventory is spoiled, or data is lost. This can lead to serious consequences, such as lost production, lost revenue, lost business reputation, and lost customers . Furthermore, outages can cause not only financial but also emotional harm .

1. Damage Compensation and Application Process

In accordance with the Quality Regulation, users must contact the distribution company within 30 days of the date the damage occurred . If the distribution company cannot compensate for the damage or if the damage claim is rejected, the consumer arbitration committee or consumer court is available for recourse. Invoices , service reports , photographs , videos , or similar documents are important evidence for proving these damages . If the distribution company rejects the application or fails to compensate the damages, users have the opportunity to file a lawsuit with a consumer arbitration committee or a consumer court . Unforeseen and unavoidable extraordinary events, such as earthquakes, floods, and storms, are considered force majeure . In these cases, electricity distribution companies may be exempt from legal liability.

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